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Monday, October 24, 2022
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(4) they should exclude every possible hypothesis except the one to be proved,
and
(5) there must be a chain of evidence so complete as not to leave any reasonable
ground for the conclusion consistent with the innocence of the accused and
must show that in all human probability the act must have been done by the
accused.
154. These five golden principles, if we may say so, constitute the panchsheel of
the proof of a case based on circumstantial evidence.”
49. In an Essay on the Principles of Circumstantial Evidence by William Wills by T.
and J.W. Johnson and Co. 1872, it has been explained as under:
“In matters of direct testimony, if credence be given to the relators, the act of
hearing and the act of belief, though really not so, seem to be contemporaneous.
But the case is very different when we have to determine upon circumstantial
evidence, the judgment in respect of which is essentially inferential. There is no
apparent necessary connection between the facts and the inference; the facts may
be true, and the inference erroneous, and it is only by comparison with the results
of observation in similar or analogous circumstances, that we acquire confidence in
the accuracy of our conclusions.?
The
term
PRESUMPTIVE
is
frequently
used
as
synonymous
with
CIRCUMSTANTIAL EVIDENCE; but it is not so used with strict accuracy, The word”
presumption,” ex vi termini, imports an inference from facts; and the adjunct
“presumptive,” as applied to evidentiary facts, implies the certainty of some relation
between the facts and the inference. Circumstances generally, but not necessarily,
lead to particular inferences; for the facts may be indisputable, and yet their
relation to the principal fact may be only apparent, and not real; and even when the
connection is real, the deduction may be erroneous. Circumstantial and
presumptive evidence differ, therefore, as genus and species.
The force and effect of circumstantial evidence depend upon its incompatibility
with, and incapability of, explanation or solution upon any other supposition than
that of the truth of the fact which it is adduced to prove; the mode of argument
resembling the method of demonstration by the reductio ad absurdum.”
50. Thus, in view of the above, the Court must consider a case of circumstantial
evidence in light of the aforesaid settled legal propositions. In a case of circumstantial
evidence, the judgment remains essentially inferential. The inference is drawn from
the established facts as the circumstances lead to particular inferences. The Court has
to draw an inference with respect to whether the chain of circumstances is complete,
and when the circumstances therein are collectively considered, the same must lead
only to the irresistible conclusion that the accused alone is the perpetrator of the crime
in question. All the circumstances so established must be of a conclusive nature, and
consistent only with the hypothesis of the guilt of the accused.
ANALYSIS OF THE INCRIMINATING CIRCUMSTANCES RELIED UPON BY THE
TRIAL COURT AND THE HIGH COURT
DISCOVERY OF WEAPON OF OFFENCE AND BLOOD-STAINED CLOTHES
51. It is the case of the prosecution that on 24.01.2010 the accused appellant was
picked up by the investigating officer from nearby a bus stand and was arrested in
connection with the alleged crime. After the arrest of the accused appellant and while
he being in the custody at the police station, he is said to have on his own free will
and volition made a statement that he would like to point out the place where he had
hidden the weapon of offence (Banka) and his blood-stained clothes after the
commission of the alleged crime. According to him, after such statement was made by
the accused appellant, he along with his subordinates set forth for the place as led by
the accused. There is something very unusual, that we have noticed in the oral
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